Web Site Terms of Use

TERMS AND CONDITIONS OF USE

Access to and use of this Web site and its contents are subject to the following terms and conditions and all applicable laws. By using this Web site, you are indicating your acceptance to be bound by these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this Web site and service. The New Mexico Department of Cultural Affairs may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions. You are solely responsible for being in compliance with the current terms and conditions.

COPYRIGHT

The contents of New Mexico Department of Cultural Affairs (DCA) Web sites, whether partial or otherwise, such as text, graphics, images, multimedia, software and other Web site content, are protected under both United States and foreign intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Web site is the exclusive property of the New Mexico Department of Cultural Affairs and is protected by U.S. and international copyright laws. Unauthorized use of the Web site content may violate copyright, trademark, and other laws.

DCA is committed to protecting the copyrights and other intellectual property rights of creative artists and others. DCA has taken all reasonable steps to ensure that reproductions of creative works on this Web site are produced according to applicable laws. Copyrights and other proprietary rights in the materials on this site may subsist in individuals and entities other than DCA. You hereby acknowledge and agree that, subject to valid third-party rights, DCA retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the text, images, marks, data, and all other content contained in this Web site (collectively "Content"). DCA expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any Content on this Web site, except for the purposes of fair use as defined in the copyright laws and as described below.

GENERAL USE

With the exception of fair use, unauthorized reproduction, distribution, and exploitation of DCA Web site Content is not permitted. Anyone wishing to use any of the Content within this site for any purpose other than fair use as set forth below must request and receive prior written permission from DCA. DCA reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of DCA. A usage fee may be involved depending on the type and nature of the proposed use. Photographic and digital images of objects within the collections of DCA institutions may be available through the intellectual property manager for each institution; however, permissions must be secured from any third-party rightsholders.

FAIR USE

In accordance with the applicable copyright laws, any materials authored by DCA may be used for limited personal, educational, and non-commercial purposes without permission, provided that the source of the materials is cited. Unless otherwise noted, users who wish to download or print any materials authored by DCA from this or any Department Web site for such uses may do so without express permission. Users must cite the material as they would material from any printed work; the citation should include the URL from which the material is taken (such as "www.newmexicoculture.org") in addition to all copyright and other proprietary notices contained on the materials. Note, however, that certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by DCA. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user, and DCA will have no responsibility in connection with securing such necessary rights for any materials on the Web site. Any use of Content that does not qualify as fair use is subject to DCA prior written approval, and the user must request and receive such approval prior to any use.

NOTIFICATION OF CLAIMED INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your copyrighted work has been uploaded, posted or copied to any DCA Web site and is accessible on the Web site in a way that constitutes copyright infringement, please notify us. New Mexico DCA will investigate the matter and respond to you. You can contact us by e-mail: doug.patinka@state.nm.us. Please provide us with a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; identification of the URL or other specific location on this Web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity; Your name, address, telephone number and, if you have one, your e-mail address; and an affidavit that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

LINKS TO OTHER SITES

New Mexico DCA Web sites contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by DCA. DCA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

PRIVACY

Your privacy is important to DCA. All information gathered from you in connection with your use of this Web site will be governed by the provisions of the Department of Cultural Affairs Privacy Policy. For more information, see the complete Department of Cultural Affairs Privacy Policy.

USER SUBMISSIONS

DCA Web sites may include features that allow visitors to post comments or information. In such cases DCA acts as conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. DCA does not represent nor warrantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. DCA reserves the right to modify or delete postings which do not comply with these Terms and Conditions or the law and those which are abusive, illegal, or disruptive.

Users submitting to DCA Web sites are responsible for the consequences of their posting. By submitting to any DCA site, you agree not to do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

DISCLAIMER

DCA is under no obligation to monitor this Web site and assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the Web site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DCA will fully cooperate with any law enforcement authorities or court order requesting or directing DCA to disclose the identity of anyone posting any such information or materials.

DISCLAIMER OF WARRANTIES

This Web site is provided to you "as is" and "as available" with no warranty. To the maximum extent permitted by law, DCA disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. DCA does not warrant, or make any representations that: (a) the Web site will meet your requirements; (b) the Web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the Web site will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the Web site will meet your expectations; or (e) the Web site or material accessible through the Web site is free of viruses or other harmful components. DCA Web sites may contain inaccuracies or typographical errors. Changes are made frequently to DCA Web sites and may be made at any time. You acknowledge that if you rely on any information or content on the Web site, you do so solely at your own risk. DCA makes no representations about the accuracy, reliability, completeness, or timeliness of any information on any DCA Web site nor for any changes made to it. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

You expressly understand that in no event will DCA or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the Web site; (b) your reliance on any content on the Web site; (c) any goods or services purchased through use of the Web site; or (d) any goods or services advertised on the Web site; even if DCA or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

CONTROLLING LAW

These Terms and Conditions are governed by the substantive laws of the United States of America if applicable and the laws of the State of New Mexico, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Santa Fe, New Mexico. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining of these Terms and Conditions, which shall remain in full force and effect. No waiver of any these Terms and Conditions shall be deemed a further or continuing waiver of these Terms and/or Conditions. These Terms and Conditions constitute the entire agreement between you and the New Mexico Department of Cultural Affairs with respect to the use of the DCA Web sites. No changes to these Terms and Conditions shall be made or effective unless posted on this DCA Web site by New Mexico DCA.

MISCELLANEOUS

These Terms and Conditions express the complete understanding of the parties with respect to the subject matter hereof and supercede all prior and contemporaneous communications and agreements, written or oral, regarding this Web site. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by DCA to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of DCA. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of DCA and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.